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One Renaissance Tower, Two North Central Avenue, Suite 1800, PHOENIX, ARIZONA 85004

Texas Office : (281)-674-7658
10777 Westheimer Road, Suite 1100 Houston, Texas 77042

Vietnam Office:
Floor 8, Le Meridien Building 3C Ton Duc Thang Street District 1, Ho Chi Minh City

What happens when you receive an I-360 Denial?

Immigration lawIn special situations, submitting an I-360 Petition for Amerasian, Widow(er) or Special Immigrant for a family member or employment based permanent resident status may not put applicant at risk of being put in removal proceedings if a denial is issued.

Certain circumstances that can land you in direct removal proceedings are:

  • If you have a criminal history
  • Submit an I-360 at the same time you file an I-485 Adjustment of Status that is somehow denied
  • You gave false information on any application form
  • You were previously deported

Criminal History

Having a criminal history can put applicant in serious harm of getting deported even if a Form I-360 was not filed simultaneously with a Form I-485.  This can be a shocker because the I-360 requests that you enter information about your immigration history but not about your criminal records.

Regardless, USCIS can easily view your criminal history anytime you provide any visa application, even if it was not the information solicited.  If your criminal history is very grave, USCIS can transfer your case to an immigration court by issuing you a Notice to Appear (NTA) which is the beginning of removal proceedings.

Only if your I-360 VAWA Application is denied, then USCIS will send you an NTA, because otherwise you might have the opportunity to fill out an I-485 Application for an Adjustment of Status which if found eligible you will then receive a U.S. green card.

The question that has been asked over the years is “What are the probabilities that an applicant will be sent to removal proceedings if USCIS denies his or her I-360 Application?”  According to a memorandum USCIS released in 2011, USCIS can choose whether or not to send immigrants to immigration courts for removal proceedings, even though VAWA-specific decisions were not addressed.  Always stay informed regarding the U.S. immigration law since USCIS updates its policies frequently.  To learn more about removal proceedings and the Violence Against Women Act (VAWA) speak with an immigration attorney.

USCIS representatives can focus their provisions on transferring cases to immigration courts as long as the applicants are a threat to the public and national security.

Any person having one or more criminal convictions who has no deportations on his or her record whose VAWA was denied might be served an NTA immediately or some other time.

Simultaneous Filing of Applications Can Lead to a Deportation

Submitting both I-360 and I-485 Forms can put foreigner at risk of getting deported.  If spouse for applicant is a U.S. citizen spouse, the VAWA applicant may be allowed to complete both forms.  First time applicants who are spouses of U.S. citizens may not have to wait for an approval and can go ahead and submit their I-485 applications, however, this might not be in one’s best interest because USCIS will have both your immigration and criminal history, if any.  While a denial of an I-360 can send you into removal proceedings there are other options in which you can fight your case.

Misinformation can Negatively Affect Your Application

Getting a denial because of ineligibility is not as impacting as getting denied because you lied.  If the USCIS determines that you lied on your VAWA, application or other one, the person reviewing your case can charge you with fraud and put you in removal proceedings. If you think there is a mistake on your application it is important that you ask for time to explain the mistake.

Previous Deportations

If you were previously deported and then you came back to the US without authorization or if you never left and your I-360 is denied then it is very likely that you will be deported.  This deportation could be immediate without even being issued an NTA.

If you have been denied an I-360 or you are thinking about applying for you I-360 it is advised that you speak to an immigration attorney. Call The Gambacorta Law Office today to assistance in your immigration matters.

What to Expect: Processing Time for I-601A Waivers

I 601A WaiversApplicants for I-601A Provisional Unlawful Presence Waivers, must realize that applications can take over six months for a review to be completed.  USCIS officers handling each case work hard to finalize the processing time for every case and then an updated notification is released upon completion of the process.

Certain I-601A Cases can be Expedited

In certain circumstances a USCIS officer can expedite a case if for some instance a long wait may negatively impact the life of the applicant or any of his family members who are U.S. citizens. While this is a possibility, you should not expect that every case will be accelerated, talking to relatives or people you know who work for USCIS will not help your case move faster either.

Somethings to consider to make your case go faster:

  • Submit relevant supporting evidence that does articulate, clear, concise and concrete terms that prove extreme hardship exists.
  • Use correct information and do not exaggerate your life circumstances.
  • Complete every application form and make it readable for immigration agent to see.
  • Explain in persuasive language and in detail why the hardships exist.

In order to meet these requirements to the best of your ability, familiarize yourself with the U.S. immigration laws and ask an immigration attorney to help with your I-601A Waiver.

I-601A Application Stipulations

The stipulations for an I-601A remain the same regardless of which home country the applicant is from or the type of hardship that is being endured:

  • The person applying must be 17 years old or over.
  • You must have an approved I-130 Petition for Alien Relative or an approved Widow(er) or Special Immigrant (Form I-360).
  • Include the required supporting documentation for an I-601A Waiver.
  • All applicants need to be physical present present in the United States of America.
  • Additionally, applicants must meet all other requirements on Form I-601A and the instructions for the form; as well as all requirements outlined in 8 CFR 212.7(e).

To learn more about the I-601A Waiver seek legal advice.  An immigration lawyer will be able to assist with the following proper procedures.

Important Notice

Thousands of applicants who submit their I-601A Provisional Unlawful Presence Waiver think they have “special considerations,” when in reality applicants who are applying for I-601 Application for Waiver of Grounds of Inadmissibility are generally in terrible situations.

Foreigners applying for I-601 Application live outside of the U.S. away from those who need an approval the most, while they wait on their pending waiver.  In this situation the immediate family relatives who are Americans living in the U.S. may experience hardship because either their spouse or parents are not present in the country.

Expediting a Process is Rare

USCIS officers seldomly expedite an I-601 Application for applicants.  This means that applicants for I-601 applications should not have high expectations that their pending I-601 submissions will be expedited because of the character of the hardships.  That is not the case since the decision is in the hands of the agent handling the case and the supporting documents you provided.

What may help your case processing go a little faster is submitting a very informative packet that has all the accurate information needed for the immigration officer to review.  With all the requirements in place there will be no need for USCIS to send out a notification requesting more details.

An Immigration Lawyer Can Help You

It is not advisable to complete a waiver packet without the help of an immigration attorney, especially if you are in doubt about the I-601A procedure and your future.  Call The Gambacorta Law Office at 847-786-2599 for a consultation at any of our office locations in Arizona, Illinois, Hawaii and Texas.